Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698937982730.pdf (South Africa)
Taking forward the fight against gender-based violence Three bills before Parliament will tighten the legislation against gender-based-violence.

The bills, which are currently before the National Assembly (NA), are part of South Africa’s concerted efforts to address the problem of gender-based violence and femicide (GBVF).

The bills are: 1.

Criminal Law (Sexual Offences) (B16-2020) 2.

Domestic Violence Amendment Bill [B20 – 2020] 3.


Criminal and related Matters Amendment Bill [B 17—2020] The NA has referred the Bills to the Portfolio Committee on Justice and Correctional Services for consideration and further processing.

The committee heard that the Bills originate from the President’s commitment to fighting GBVF, which has reached endemic proportions in South Africa.

The committee outlined the process the bills will follow.
The bills will be published for public comment and then public hearings will take place.

The committee has also called upon the Department of Justice and Correctional Services to build capacity in anticipation of the implementation of the legislation.
1 Criminal Law (Sexual offences) (B16-2020) Aims to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act (2007) so as to: • extend the ambit of the offence of incest; • introduce a new offence of sexual intimidation; • further regulate the inclusion of particulars of persons in the National Register for Sex Offenders; • make provision for certain particulars of persons who have been convicted of sexual offences to be made publicly available; • extend the list of persons who are to be protected in terms of Chapter 6 of the Act; • further regulate the removal of particulars of persons from the National Register for Sex Offenders; and • further regulate the reporting duty of persons who are aware that sexual offences have been committed against children, and to provide for matters connected therewith.
2 Criminal And Related Matters Amendment Bill [B 17—2020] Aims to amend the Magistrates’ Courts Act (1944) so as to: • provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audiovisual link in proceedings other than criminal proceedings.
Aims to amend the Criminal Procedure Act (1977) so as to further regulate: • the granting and cancellation of bail; • the giving of evidence by means of closed circuit television or similar electronic media; • the giving of evidence by a witness with physical, psychological or mental disability; • the appointment, oath and competency of intermediaries; • and the right of a complainant in a domestic related offence to participate in parole proceedings.
Aims to amend the Criminal Law Amendment Act (1997) so as to further regulate: • sentences in respect of offences that have been committed against vulnerable persons.
Aims to amend the Superior Courts Act (2013) so as to provide for: • the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; • the oath and competency of intermediaries; • and the giving of evidence through audiovisual link in proceedings other than criminal proceedings, • and to provide for matters connected therewith.
3 The Domestic Violence Amendment Bill [B20 – 2020] Aims to amend the Domestic Violence Act, 1998, so as to: • amend and insert certain definitions; • further provide for the manner in which acts of domestic violence and matters related thereto must be dealt with by certain functionaries, persons and government departments; • further regulate obtaining of protection orders in response to acts of domestic violence; • delete and amend provisions of certain laws; • and provide for matters connected therewith.
4 The Gender-Based Violence and Femicide National Strategic Plan (GBVF-NSP) The GBVF-NSP was produced by the Interim Steering Committee that was established in April 2019 to respond to the GBV and femicide crisis following the historic 2018 Presidential Summit on this subject.

The GBV-NSP aims to provide a multi-sectoral, coherent strategic policy and programming framework to strengthen a coordinated national response to the GBV and femicide crisis of gender-based violence and femicide.
5 Women’s Charter The Women’s Charter is a declaration of intent that defines the rights, and privileges for women, by women in South Africa.

It can be viewed as a blueprint, for advancing the equality and empowerment of women.

The 12 articles contained in the 1994 Women’s Charter for effective equality, set South Africa’s democracy on a clear path towards ensuring that the social and economic emancipation of women is adequately advanced, through following the guiding precepts.

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